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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Tejbhan @ Teju S/o Leedhar – Appellant
Versus
State & Ors. – Respondents
S.B. Criminal Appeal No. 1152 of 2021
Decided On : 25-01-2022
Lawyers - Bail Application under SC/ST (Prevention of atrocities) act - Appellant Enlarged on Bail
Fact of the Case:
The appellant filed an appeal under Section 14a(2) SC/ST (Prevention of atrocities) act against the rejection of his bail application by the Special Judge, SC/ST (Prevention of atrocities) Cases, Sriganganagar.
Finding of the Court:
The Court, after considering the arguments and the circumstances, found that the appellant deserved to be enlarged on bail and allowed the appeal, setting aside the impugned order and ordering the release of the accused-appellant on bail.
Issues: Bail application under SC/ST (Prevention of atrocities) act, examination of material witnesses, and co-accused being enlarged on bail.
Ratio Decidendi: The Court's decision was influenced by the non-support of prosecution case by material witnesses and the fact that the co-accused had been enlarged on bail by a coordinate bench of the Court.
Final Decision: The instant appeal is allowed, and the impugned order is set aside. The accused-appellant is ordered to be released on bail upon furnishing a personal bond and sureties to the satisfaction of the learned trial Court.
JUDGMENT
Vinit Kumar Mathur, J. - Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).
2. The instant appeal has been filed under Section 14a(2) SC/ST (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with FIR No.140/2020, Police Station Gamoodwali, District Sriganganagar for the offences under Sections 302/34 of I.P.C. and Section 3(2)(V) of the SC/ST (Prevention of atrocities) act against the order dated 20/10/2021 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Sriganganagar, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
3. Heard. Perused the material available on record.
4. It is submitted by learned counsel for the appellant that material witnesses i.e. PW.1 Ravindra, PW.2 Sumitra, PW.3 Mahendra Kumar, PW4 Lalita (complainant), PW.5 Mukesh and other five witnesses have been examined before learned trial Court and they have not supported the prosecution case and, therefore, they have been declared hostile. He further submits that co-accused Kuldeep has been enlarged on bail by a coordinate bench of this Court vide order dated 12/01/2022.
5. Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail.
6. Consequently, the instant appeal is allowed. The impugned order dated 20/10/2021 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Sriganganagar is set aside. It is ordered that the accused-appellant Tejbhan @ Teju S/o Leedhar arrested in connection with F.I.R. No. 140/2020, Police Station Gamoodwali, District Sriganganagar shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
The decision was based on the consideration of the entirety of facts and circumstances, including the non-support of the prosecution case by material witnesses and the bail granted to the co-accused.
The credibility of evidence and the lack of credible evidence against the appellant influenced the court's decision to grant bail.
Interpretation of bail provisions under the SC/ST (Prevention of atrocities) act and the consideration of facts and circumstances in granting bail.
The interpretation of evidence and circumstances, including the relationship between the appellant and the prosecutrix, played a crucial role in the Court's decision to grant bail.
The court's decision was based on the consideration of the entirety of facts and circumstances, including the statement of the prosecutrix, in allowing the appeal and ordering the release of the accu....
The lack of evidence connecting the appellant with the murder and the impact of the COVID-19 pandemic on the situation of the country and the jails influenced the court's decision to allow the appeal....
The impact of the COVID-19 pandemic on the country and jails can be considered as a factor in granting bail, especially in cases where no overt acts are reported against the appellants.
The main legal point established in the judgment is the court's discretion to grant bail based on the entirety of facts and circumstances, including the filing of the charge-sheet and the comparison ....
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